Trainers
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New South Wales Trainers Association Ltd
The New South Wales Trainers Association Ltd, on behalf of all licensed racehorse trainers and/or registered training partnerships licensed by Racing New South Wales, has effected public liability, professional indemnity and personal accident insurance policies.
See links below the Q&A section to access:
- Summary of covers
- Policy wordings
- Claim forms
Who can make a claim?
Any racehorse trainer and/or registered training partnership licensed by Racing NSW can claim under the public liability/professional indemnity (PL-PI) policy and racehorse trainers licensed by Racing NSW can claim under the personal accident policy, providing they have notified Racing NSW in writing that they require coverage.
The PL-PI policy also covers NZ trainers operating under visiting trainers' permits issued by Racing NSW.
What is covered under the public liability/professional indemnity policy?
The public liability section covers trainers for their legal liability to pay compensation to third parties for personal injury and property damage as a consequence of their business activities.
Claims can be made for occurrences that give rise to claims during the insurance period of August 1, 2010, at 4pm local standard time to August 1, 2011, at 4pm local standard time.
The professional indemnity insurance section covers trainers for their legal liability to compensate third parties for injuries, financial loss or damage due to a breach or alleged breach of their professional duties. Professional indemnity is a claims made policy, so cover is provided for claims or circumstances notified to the insurer during the insurance period of August 1, 2010, at 4pm local standard time to August 1, 2011, at 4pm local standard time.
The public liability and professional indemnity insurer is Lloyd’s of London. Lloyd's is the world’s leading insurance market providing specialist insurance services to businesses in more than 200 countries and territories. Syndicates underwriting at Lloyd’s form one of the world’s largest commercial insurers and the market is a leading reinsurer.
What is covered under the personal accident policy?
Personal accident insurance covers trainers for injuries sustained while participating in an activity associated with the sport of thoroughbred horse racing, not including maintenance work to plant equipment and/or maintenance to structures. Cover is provided for injuries occurring during the period of insurance, from August 1, 2010, at 4pm local standard time to August 1, 2011, at 4pm local standard time.
Compensation includes weekly benefits for temporary disablement, death and capital benefits, broken or fractured bones and non-Medicare medical expenses.
The personal accident insurer is Lumley Insurance, which has been providing insurance protection to Australians since the 1920s.
What benefits are you entitled to?
Public liability insurance is up to $20 million for any one occurrence and unlimited in the aggregate during any one insurance period for each individual trainer. The policy is extended to cover horses in the trainer's physical or legal control for up to $5 million for any one occurrence and in the aggregate.
The excess for each claim is $2,500. To assist NSW licensed trainers and training partnerships covered by the policy, Racing NSW has agreed with the NSWTA to meet the cost of funding the excess up to a specified limit.
Professional indemnity is up to $250,000 for any one claim and in the aggregate for each individual trainer.The excess is $2,500 for each and every claim.
The personal accident insurance covers:
Weekly benefits for temporary total disablement: 85% of earnings, up to a maximum of $1,000 a week when the insured is not entitled to workers' compensation payments. A seven-day excess applies.
Trainers entitled to workers' compensation payments will be eligible to claim weekly benefits (but not capital benefits) under the personal accident scheme if they are still unfit for work after 26 weeks from injury.
For weekly benefit payments, earnings include all sources from which a trainer derives an income.
The benefit period during which weekly benefits are payable is 104 weeks up to the age of 70; 52 weeks for ages 71-76 years; and 26 weeks for ages 76-86 years.
Non-earning trainers will be paid routine duties benefits to a maximum of $500 a week for up to 13 weeks. A seven-day waiting period applies.
The benefits cover costs of employing labour to conduct duties associated with caring for horses, not including work conducted by family members or people who normally residing with the insured.
Accidental death & capital benefits: lump sum payment of up to $100,000 for up to age 76; up to $30,000 for ages 76-86, depending on the injury, as per the table of conditions found in the policy schedule (see the link below). Other permanent disablements, as per the scale.
Non-Medicare medical expenses: up to 85% of the actual costs incurred directly from an injury, paid up to 12 consecutive months from the date of injury and to a maximum of $3,000.
How do you make a claim?
- You can access a claim form on the link below or phone (02) 8267 9999 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it
- It is important to notify us immediately when you have knowledge of a public liability/professional indemnity claim or circumstances that might lead to a claim being made against you.
Under NO circumstances should you:
- admit liability or fault, or
- enter into correspondence or negotiations with an aggrieved third party.
It is important to lodge your personal accident claim within 30 days from the date you sustain the injury.
3. You will then be advised what information is required by the insurer.
For personal accident claims, electronic payments will be made by Lumley directly to you within seven days of receiving all the required information and your claim being approved. Periodic payments will be made fortnightly.
Who can I talk to about an issue or complaint?
Please contact Gow-Gates if you have any complaints about the public liability/professional indemnity insurer. We will give you guidance on how to proceed with your complaint.
If you have a complaint about personal accident insurance, contact Lumley direct, as required under current regulation. Lumley will resolve or attempt to resolve the complaint immediately. If it is unresolved, Lumley will refer it to its internal dispute resolution committee (IDRC). If you are not satisfied with the IDRC's decision, you can access the independent external dispute resolution body, the Financial Ombudsman Service.
For more information on the insurer’s dispute resolution process, please contact Lumley on (07) 3367 5152 or fax (07) 3367 5105.
Points to remember:
As with all insurance contracts, there are conditions and exclusions - summarised below are some key points. Please refer to the policy wordings on the links below for full details.
Conditions and general exclusions for public liability are on pages 9-12 and 24-30 of the public liability/professional indemnity wording; pages 14-18 and 24-30 for professional indemnity cover; and pages 15-20 on the personal accident wording.
No coverage is provided for public liability/professional indemnity claims arising from the following circumstances:
- Pollution, unless sudden and unexpected
- Insolvency
- Claims or occurrences arising in the USA or Canada
- Liability assumed under a contract, unless such liability would have attached regardless
- Any civil or criminal penalty, fines or punitive damages
IMPORTANT INFORMATION: The professional indemnity section of the policy covers you on a 'claims made' basis. That means the policy will respond to:
(i) Claims first made against you and reported to the insurer during the period of insurance.
(ii) Any circumstances of which you become aware during the period of insurance that could give rise to a future claim, provided you inform the insurer in writing as soon as practicable, within the period of insurance, of such circumstances.
The policy will not cover you for liability resulting from any claim, matter, occurrence or circumstance arising from any act, error or omission committed or alleged to have been committed:
(i) Before the retroactive date, if any, specified in the schedule, or
(ii) Of which you were aware before the insurance contract began.
You must advise the insurer immediately if you become aware of a circumstance which could result in a claim under this policy in the future.
Personal Accident Insurance
All claims must be advised to Gow-Gates within 30 days of injury.
No cover is provided under the personal accident policy for claims arising out of the following circumstances:
- Deliberately self inflicted or intentionally caused injury or suicide, self harm or attempted suicide;
- The insured person is under the influence of alcohol or a drug, other than prescribed by a medical practitioner;
- Any psychiatric or psychological disorder or stress-related disorder including, but not limited to, depression, anxiety or fatigue;
- No further compensation will be paid under this policy if the insured person reaches 87 years of age.
No cover applies when a claimant is entitled to workers' compensation payments.
This is a summary only. It is important that you refer to the Product Disclosure Statement and Policy Document in the links below for full details of the policy terms, conditions, exclusions and limitations.
These are important documents. You should read them carefully and contact us immediately if you have any questions about them.
The levels of benefits provided through this plan are not "comprehensive" for all persons and the individual needs and circumstances of each insured person have not been taken into consideration when arranging this insurance. You should consider the adequacy of cover for your own needs and circumstances and elect additional supplementary insurance, if needed.
Summary of cover - Public Liability, Professional Indemnity & Personal Accident
Policy Wording for Public Liability/Professional Indemnity Insurance
Product Disclosure Statement/Policy Wording for Personal Accident Insurance
Schedule for Personal Accident Insurance
Professional Indemnity Claim Form & Public Liability Claim Form & Personal Accident Claim Form